A federal judge blocks some abortion pill laws in North Carolina

RALEIGH, NC – A federal judge has permanently blocked another North Carolina effort to restrict the distribution of abortion pills, saying they run afoul of US Food and Drug Administration regulations. . But he allowed some state laws to remain in effect, giving a partial victory to the doctor who sued.

The order entered Monday by U.S. District Judge Catherine Eagles in Greensboro upholds her April 30 ruling that some of North Carolina’s drug-discharge regulations are preempted by decisions of federal authorities. the government of drugs that have decided that they are not needed.

Monday’s order means that North Carolina will not require only doctors to prescribe the pills; that the medicine is only given to the patient in person; and for the patient to schedule a follow-up appointment. It also prohibits state and local prosecutors, health and medical officials and other defendants from enforcing such laws or punishing those who do not comply with them with criminal, civil and professional penalties.

Congress gave the FDA authority to review the use of mifepristone, which the agency approved in 2000 to terminate pregnancy when used in combination with a second drug, misoprostol. The FDA has made a clear decision that restrictions similar to those in North Carolina are no longer necessary, based on reviews of their safe distribution and use, the Eagles wrote in April.

His order appears to mean that patients in North Carolina can now get the pills through pharmacies — dispensed by someone like a nurse practitioner or physician assistant or over the phone — and take them home, according to the FDA’s ruling.

But the Eagles also supported some challenging restrictions, such as not requiring a 72-hour in-person consultation, an in-person exam and an ultrasound before receiving a prescription. He said that these rules have not been clearly reviewed and rejected by the FDA, or are focused on clinical practice or the health of the patient in general.

Dr. Amy Bryant, who provides abortions and filed this legal challenge last year, said in a prepared statement that the permanent injunction would “allow more access to safe and effective abortion care.” abortion across North Carolina.”

The challenged laws on medical abortion are in the 2023 bill enacted by the Republican-controlled General Assembly that continued or expanded many previous abortion restrictions. One change reduced the time for multiple abortions from after 20 weeks of pregnancy to 12 weeks.

Tami Fitzgerald, executive director of the conservative North Carolina Values ​​Coalition, said Tuesday that the decision “lowers the standard of care for women.” He also criticized the order to stop the federal requirement that “nonfatal adverse events” related to mifepristone be reported to the FDA, saying it would hide “the dangerous problems and side effects of abortion drugs.”

Democratic attorney Josh Stein, an abortion rights activist who is now running for governor, did not defend the bans in court because he had already argued that they were created by decisions of FDA. He accused Republican lawmakers on Tuesday of the unconstitutional provisions and said, “this ruling helps women regain control of their health decisions.”

The offices of House Speaker Tim Moore and Senate Majority Leader Phil Berger, who intervened in the lawsuit to defend the legislation, did not immediately respond Tuesday to an email seeking comment. They could appeal the Eagles order. An upcoming decision in a separate case at the United States Supreme Court brought by anti-abortion doctors who want judges to block access to mifepristone could affect the outcome of the North Carolina case.